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HomeMy WebLinkAboutDraft October 6, 2008 Minutes ~ ~O"'~~\ 4646 Dakota Street S.E. U ~ Prior Lake, MN 55372-1714 ~ REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, leMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Finance Director Erickson, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Walthers, Fire Chief Hartman, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. City Council Meeting Minutes October 6,2008 DRAFT PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Speakers receive a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles requested that Old Business items, Consider Approval of a Resolution Updating By- laws and Consider Approval of a Resolution Authorizing the Purchase of Tools and Equipment by the Fire Department, be removed from the agenda and scheduled for the second meeting in October. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MillAR, SECONDED BY lEMAIR TO APPROVE THE SEPTEMBER 15, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. Erickson abstained from voting due to his absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 08.128 Authorizing Mayor and City Manager to Enter Into a Licensing Agreement with Scott County for Cost Sharing and Use of Oblique Aerial Imagery. C. Consider Approval of Resolution 08.129 Revising the City Stormwater Pollution Prevention Program. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes October 6,2008 DRAFT MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Fire Prevention Week Proclamation Fire Chief Hartman spoke of Fire Prevention Week activities in the schools with presentations and distribu- tion of fire prevention educational materials. Informed the Council there will be a Grand Opening event at Fire Station NO.2 on Saturday, October 11, beginning at 10 a.m. with a ribbon-cutting ceremony. Mayor Haugen read a proclamation proclaiming October 5 -11 as Fire Prevention Week in Prior Lake. Comments: Hedberg: Commented that firefighters are the unsung heroes that are called upon when needed. leMair: Thanked Hartman for his leadership and all that firefighters do for the community. Erickson: Noted that kids enjoy being in the fire trucks and smokehouse during events and asked if the helicopter would be at the Grand Opening. Hartman: Replied that due to parking limitations, the helicopter would not be at this event. Thanked the Council for its support. Jerilyn Erickson, Finance Director City Manager Boyles indicated that Finance Director Ralph Teschner will retire on October 31th, after 31 years of service. Spoke of the recruitment process to hire a Finance Director, the attributes required for the position and the interview and selection process. Introduced Jerilyn Erickson. Finance Director Erickson spoke of her education and experience, and future plans for financial planning, automation and review of existing policies to search for efficiencies. Comments: Millar: Welcomed Erickson and stated he looks forward to working with her. Stated there are challenges ahead due to economic conditions. Hedberg: Commented that the 2030 Vision and Strategic Plan is the bedrock of plans for the City. Stated he will seek Erickson's participation in learning the costs of fulfilling the 2030 Plan to know if the City can deliver it in a way that is affordable for taxpayers. Noted that not all elements of the plan have been devel- oped. leMair: Welcomed Erickson. W. Erickson: Stated it is a two-sided occasion - it is sad to see Teschner leave as he has done an excel- lent job, but he looks forward to getting to know Erickson and working with her. J. Erickson: Responded that there is an opportunity for transition as Teschner and she will work together reviewing such things as the audit, investments and debt. Haugen: Stated he welcomes Erickson and looks forward to working through the 2030 Plan noting that Finance Director Erickson identified it during her application and interview process as a goal for accom- plishment. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS No old business was conducted. 2 City Council Meeting Minutes October 6,2008 DRAFT NEW BUSINESS Consider Approval of a Resolution Authorizing Funding for Demolition of Buildings and Preparation of a Site for a Parking lot located at 16318 and 16328 Main Avenue. Building and Transit Services Director Kansier sought authorization to demolish and remove blighted buildings known as Joe's Pizza and Minnesota Nails. Spoke of revitalization efforts for the downtown area and listed many of those initiatives; and stated that the City purchased these properties with the intention of redevelopment in the future. Explained that an environmental assessment of soils found minor contamina- tion in the ground and a contingency is planned in the event further contamination is found; and there were some hazardous materials inside of the buildings which have been removed. Described the bids received for demolition and removal of debris. Comments: leMair: Noted the bids are from quality companies and will support. Erickson: Will support. Millar: Will support. Hedberg: Commented that this only creates a few parking spaces against a long-term objective, but it will provide some. Haugen: Added that the next agenda item would address the surface of the parking lot. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08.130 AUTHORIZING EXPENDITURES TO CONDUCT REMOVAL AND DEMOLITION OF BUILDINGS AND TO PREPARE SITE FOR A PARKING LOT LOCATED AT 16318 AND 16328 MAIN AVENUE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Directing Staff with Regard to Property Demolition at 16318 and 16328 Main Avenue. Public Works Director Albrecht requested the Council's direction regarding demolition of buildings at 16318 and 16328 Main Avenue properties. Noted that the site could provide up to 13-14 parking sites if the curb is removed and indicated direction was needed on whether the surface should be gravel or pavement. Described the neighboring VFW parking lot and the location of the VFW trash enclosure, which is on City property. Stated the trash enclosure is in poor condition and queried whether the City should rebuild the enclosure in the same location (on public property) in exchange for public use of some VFW parking spots. Queried whether a private use of public property agreement should be developed for the location of the trash enclosure that would define parameters of the use as well as detail an end date for such use and how it would proceed at that time. Stated the VFW may have interest in a long-term partnership with the City that allows public use of their lot during some hours. Comments: leMair: Advocates removing buildings and paving parking spaces. Paving and striping will result in more usable space. Supports letting the VFW have the trash enclosure in its current place on City property in exchange for the use of some of their parking spaces. Believes the construction of a new enclosure should be done with City labor. Agrees a long-term parking plan developed with the VFW would be favorable. W. Erickson: Asked if the existing trash enclosure meets standards. Albrecht: Replied that it is falling apart and is in a highly visible location. Believes there is some risk of it falling on cars. Walthers: Stated that it is a safety issue and needs to be replaced. W. Erickson: Questioned who should pay for its replacement. 3 City Council Meeting Minutes October 6,2008 DRAFT Albrecht: Replied that although he can pursue payment by the VFW if the Council so directs, it is in the best interest of the City to replace it. W. Erickson: Asked how quickly redevelopment of that area of downtown is anticipated. Albrecht: Replied that the most recent Request for Proposals leads him to believe it will not be any sooner than five years. Transportation issues for CR 21 and corresponding downtown intersections need to be addressed which are scheduled approximately ten years out. W. Erickson: Suggested there would be snow removal problems if the parking spaces were a gravel sur- face. Albrecht: Added that the VFW roof drains onto that site and there would be issues keeping it clean and not slippery. W. Erickson: Believes there would be several years of use from pavement if redevelopment of that area is 5 -10 years in the future. Albrecht: Noted the City is proposing pavement of a caliber to last 5-10 years rather than a long-term parking lot. W. Erickson: Supports paving the area. Asked if signage would be placed in the VFW lot to indicate which spaces are available for public use and between what hours. Albrecht: Agreed signage would have to be placed. W. Erickson: Queried whether leaving the trash enclosure in its current location would delay resolving the problem since it will have to be moved some time due to redevelopment. Walthers: Stated that could not be determined now as the whole area will have to be considered when- ever redevelopment occurs. Millar: Stated he is a member of the VFW but has not been involved in any conversations between the VFW and City. Believes the parking lot should be paved and that some parking spaces should be ex- changed in lieu of letting the VFW retain the trash enclosure in the same area. Stated the VFW has been an important partner in the community making donations to parks systems, etc. and believes the City should maintain its partnership with VFW and this would be a small recognition of that partnership. Hedberg: Agreed it should be paved. Noted the Council just adopted the Stormwater Pollution Prevention Plan which probably addresses the impact of gravel vs. pavement. Asked where funding for paving and striping would come from. Albrecht: Replied it would be funded from the Transit Fund since it is a parking facility. Hedberg: Noted that funding will not impact taxpayers directly. Agreed there is not another practical place for the trash enclosure at this time. Supports the City replacing the trash enclosure to meet safety require- ments. Asked to hear the City Attorney's concerns about private use of public property. Pace: Replied the City's private use of public property agreement is intended to contemplate every contin- gency to protect the City. Hedberg: Supports the concept of having access for more public parking spaces in exchange for the use of the trash enclosure location on public property. Asked where funding for reconstruction of the trash en- closure will come from. Albrecht: Replied that it will most likely be Transit Funds because it is the funding source for a lot that is serving the purpose of providing public parking. Hedberg: Supports negotiating a private use of public property agreement to permit the VFW's continued use of the City's location and rebuilding the enclosure in exchange for the VFW permitting the City to use spaces in the VFW's parking lot for public parking.. Stated his support for the VFW's desire to discuss use of their entire lot indicating that would be a positive evolution in the partnership with the VFW. Haugen: Stated this topic ties in with the importance of downtown redevelopment and it may be a long time before redevelopment may occur in the VFW block. Hopes the enclosure will not be an issue at that time but that is something that cannot be known now. Believes it is prudent to pave the area and agrees the City staff should rebuild the trash enclosure. 4 City Council Meeting Minutes October 6, 2008 DRAFT MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08.131 AUTHORIZING COMPLETION OF (MN NAILS I JOE'S PIZZA) 16318 AND 16328 MAIN AVENUE PARKING LOT FEASIBILITY STUDY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Purchase of an Emergency Generator for City Hall. Public Works Director Albrecht explained that a refurbished generator with 300 hours of use was offered at the time of construction to provide back-up for communications equipment for City buildings. The gen- erator that was installed has not worked on a number of occasions when it has been tested. After trying to get a reliable generator for one and a half years the City asked that the generator be removed and the City wanted a credit for the value of the generator. Stated that a credit was agreed to by Shaw Lundquist. Mr. Albrecht explained why a back-up generator is need at City Hall, what functions it supports and the feasibil- ity of supporting those essential functions using the generator at the Police Station. Using the generator at the Police Station is not economically feasible. Discussed the quotes the City received for both new and used generators, as well as the cost for an electrician to install the replacement generator. Comments: W. Erickson: Mentioned that this generator would be used for long-term power outages. Suggested that the used generator with 6,000 hours that was found during the bid process was probably used at a con- struction site. Albrecht: Agreed that 6,000 hours is the end-life of a generator. Noted that a generator needs to be run periodically in order to run properly. W. Erickson: Asked if electrician installation was paid for with the original generator. Albrecht: Replied that the generator was part of the entire project and a separate installation for it was not an itemized cost. W. Erickson: Suggested that Shaw Lundquist should pay for the installation. Albrecht: Replied that our Owner's Representative felt that $6,500 was a fair amount of credit. Millar: Will support. Hedberg: Stated that earlier he had questioned whether a generator at City Hall was really needed. Albrecht: Replied that the computer servers for all the City facilities are in City Hall as well as the phone hub for three buildings and that the generator would run the City Hall lift Station if there was a power out- age. Hedberg: Commented that many functions could probably survive without a computer system for awhile, but the public need for the utility billing system was necessary. Clarified that the vendor offered a $4,000 credit and the Owner's Representative negotiated a $6,500 credit. Stated that he shares Councilor Erick- son's concern about an additional payment for installation, but if the $6,500 credit is achieved it seems fair. Will support. leMair: Asked why the City has to pursue the warranty rather than Shaw Lundquist being responsible for getting a generator that works. Albrecht: Replied that Shaw Lundquist has been unable and unwilling to do that. Stated that there are critical computer systems that operate the facilities for infrastructure needs and staff does not want Shaw Lundquist to attempt to fix and return the same generator. leMair: Reiterated that they should be required to provide the City with a quality product adding that if the City lost power and facilities or infrastructure was not functioning, Shaw Lundquist should be liable for all the losses the City would incur. A generator with 300 hours of use should still be good. 5 City Council Meeting Minutes October 6,2008 DRAFT Albrecht: Stated that the City starts its emergency generators weekly and runs them for an hour. If that is not done, the generators will not start when the emergency occurs. Our mechanics identified that the gen- erator provided had not been tuned up or refurbished in ten years. leMair: Stated he does not like the fact that the City has to deal with it instead of Shaw Lundquist. Added that he would like to see a used one found as it was agreed that a used one could be functional for City Hall when building plans were made. Haugen: Respects Councilor LeMair's comments that Shaw Lundquist committed to provide something that would work, but that has been tried and it does not. Stated it is an unfulfilled requirement on their part. Supports the purchase of a new one, but asked if there is time to see if another viable used one could be found. Albrecht: Relied that there is always used equipment coming on the market, but questioned putting a used generator in a new building noting that no manufacturer will warranty a used generator. Believes it is approaching a diminishing return to spend more staff time searching for a viable used generator. Added that a new generator would last for the 50-year life expectancy of the building. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08.132 APPROVING THE PURCHASE OF AN EMERGENCY GENERATOR FOR CITY HALL WITH THE RESOLUTION CORRECTED TO REFLECT A $6,500 CREDIT AMOUNT. Erickson: Asked what the warranty is on a new generator. Albrecht: Replied that it is five years on the engine and one year for full service and parts. Typically the City carries a service contract which would cover parts and service. Erickson: Asked if a service contract would be available on a used generator. Albrecht: Yes, but at a higher cost. Hedberg: Addressed the point of diminishing returns noting that the City has gone one-and-a-half years without an emergency power backup and we have been lucky there has been no out-of-power event. Noted there are critical services at City Hall that require emergency power and no dollar value can be placed on that risk and it is not worth taking any further. Pace: Questioned what amount is coming from the building fund. Albrecht: Replied that the Council is authorizing the dollar amount of purchase which needs to be in the resolution and the credit amount comes from the building fund. Pace: Suggested that an item be added in to indicate that if there is any dispute on the credit, it be taken out of the retainage. Albrecht: Replied it will all be taken out of the retainage since that is the agreement negotiated by the Owner's Representative. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried with LeMair opposed. Consider Approval of a Report Regarding an Ordinance Authorizing Special Use Permits for Golf Carts. City Manager Boyles spoke of a resident who requested a permit to drive a golf cart on City roadways. Suggested consideration be given to whether special vehicle use should be permitted, to whom and under what circumstances. Noted such a permit would only allow someone to drive on City streets, not County or State highways as that is statutorily prohibited. Comments: Hedberg: Noted this request came from a particular resident but that there are really a number of areas where golf carts are routinely used to reach common use areas of an association, etc. Believes the City 6 City Council Meeting Minutes October 6, 2008 DRAFT should establish limits and control over the use of golf carts and would allow reasonable use of such vehi- cles, establish which streets they may be used on and not limit it to those with a physical limitation. LeMair: Agreed that permits could be issued to other than medical cases, but is not sure streets need to be designated for that particular use. Questioned whether permitting should include scooters and A TVs some day. Will support this recommendation. w. Erickson: Agreed that A TVs should be considered in the future along with the snowmobile issue. Be- lieves that golf carts are an environmentally-friendly alternative to cars and could be considered a way to get around town. Noted they would not be allowed on county roads as there are rules that prohibit it; and since they could only be used on City streets, is not sure the City streets need to be limited. Questioned how they would be plated and who could drive them. Questioned the status of medical scooters noting he has seen them on City Streets in other communities. O'Rourke: Replied that medical scooters are specifically authorized by a different statute and have the same rights and privileges as pedestrians such as using sidewalks, trails and roadway crossings. W. Erickson: Noted that an individual who has a medical problem has the alternative of getting a medical scooter and that would solve his problem. Believes the proposal should be removed from one individual's need and the Council should decide if it wants golf carts on the streets. Would like more input about what other cities are doing and what the impact of doing this would be. Stated he can see the benefits of being environmentally friendly and having a small town feel, but would like to learn problems associated with it. Millar: Asked if there have been any problems with golf cart use. O'Rourke: Replied the Police Department has had calls and complaints about golf carts on the streets. Traditionally, a blind eye has been turned toward them as they are usually used to go a block or two to go to an association's dockage area. There have been no issues with accidents, but lacking ordinance that authorizes them, they are not legal. Millar: Believes they should be permitted as they have been used all over the community, are environ- mentally friendly, convenient and serve a need for handicapped people. Noted a way should be found to let golf cart users know they need permits. Haugen: Supports this. Stated it does not create a significant safety issue and may help with parking pressures around the lake. Questioned who an appropriate driver would be. O'Rourke: Replied that statutes relating to drivers licenses are not applicable to persons operating under permit. Haugen: Clarified that the City could establish an age-specific requirement that would have nothing to do with drivers licenses. O'Rourke: Agreed that would be outside of the provisions of State Statute Chapter 171 which pertain to drivers licenses. Haugen: Commented that evidence of insurance could be required for a permit, which would validate the permit and help alleviate the liability of a person driving it off their premises. O'Rourke: Stated that Subd. 2 of Traffic Regulation 169.046 states that an ordinance shall designate roadways to be used, prescribe the form for the application for the permit, require evidence of insurance complying with the provisions of the insurance section and allows the requirement that a doctor certify that a person is capable of safe operation. Haugen: Supports having a permitting system without medical restriction. Suggested that it might be sim- plest to designate all City streets in Prior Lake as eligible for use with the permits. O'Rourke: Believes it would be easier to manage on a case-by-case basis and the application could re- view the applicant's desire to use the golf cart by stating where he wants to go and what streets are re- quested for use in order to get there. The purpose could also be designated so they could examine whether or not a person could get to his destinations on allowable streets. Haugen: Stated that seems to clarify that neighborhood usage is a safer intent than global usage. 7 City Council Meeting Minutes October 6, 2008 DRAFT Hedberg: Added that if the permit is not specifically designated to be on certain streets, people would be encouraged to use trail systems and that would be inappropriate. Appreciates that it is an environmentally friendly use, but stated the City is not organized to use county roadways and should not encourage people to do that. Haugen: Agreed, but believes it should be neighborhood restrictive. Pace: Remarked that the Council does not have authority to designate private streets as they are associa- tion-owned. W. Erickson: Asked if it is appropriate for golf carts to be on trails since medical scooters are allowed on them. O'Rourke: Replied there is not a difference in terms of speeds at which they operate, but golf carts do not have authority by statute to go on trails. The City can authorize their use on roadways. W. Erickson: Clarified that a trail alongside of a county road would not be under City authority. O'Rourke: Affirmed. W. Erickson: Asked if the City should be sectioned in zones in order to designate roadways. O'Rourke: Replied that the permits should be with the golf cart and it would designate which roadways the golf cart is authorized to use. Rather than zoned, it would be specific to the intent for that particular golf cart. W. Erickson: Commented that a police officer would not know where the cart is authorized to go until the cart is stopped and there would be no justifiable cause for stopping. O'Rourke: Replied that justifiable cause would be to see the permit, but it would be more likely to be stopped if a call were received about it or something happens with the golf cart MOTION BY LEMAIR, SECONDED BY HEDBERG TO DIRECT STAFF TO PREPARE AN ORDINANCE ALLOWING APPLICATION FOR A SPECIAL VEHICLE USE PERMIT TO DRIVE A GOLF CART ON CITY ROADWAYS THAT WOULD BE ISSUED TO A PERSON BASED ON DETERMINATION OF WHICH ROADWAYS WILL BE USED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Hedberg: Reminded viewers of the Fire Station No.2 Grand Opening on Saturday, October 11, from 10 a.m. - 2 p.m. LeMair: Congratulated the third grade PLAY football team for its victory. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and sec- onded by LeMair. With all in favor, the meeting adjourned at 8:15 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8